M.R. Shah JUDGMENT
M.R. Shah, J.
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and orders dated 22.11.2013 and 29.11.2013 in Criminal Application No. 1113/2012 with Criminal Application No. 919/2013 passed by the High Court of Bombay, Bench at Aurangabad, by which in exercise of powers Under Section 482 of the Code of Criminal Procedure., the High Court has quashed the criminal proceedings including the Final Report arising out of Crime No. 85 of 2011, the original complainant has preferred the present appeals.
3. That the Appellant herein-original Complainant filed a Criminal Complaint against the private Respondents herein-the original Accused before the learned Magistrate alleging, inter alia, that the complainant purchased a plot from Respondent No. 1 by way of a registered sale deed in the year 2005. After sale of the plot, the original owner-accused No. 1 fraudulently resold the plot in 2010 in favour of Accused No. 2 by re-designating as "Plot No. 24". It is required to be noted that the plot which was sold to the complainant was numbered as "Plot No. 1" in "Survey No. 121". It was alleged that the very plot which was sold to the complainant was sold by the owner by changing the Number and by re-designating the same as "Plot No. 24". It was alleged that the second purchaser Respondent No. 2-Accused No. 2 was none other than the husband of the original Respondent No. 1-Accused No. 1. It was further alleged that Respondent No. 2 thereon sold the very Plot/property in 2011, in favour of the Respondent No. 3-Accused No. 3. Therefore, it was alleged that the all Accused persons and one another have committed offences Under Sections 420, 464, 465, 467, 468, 471 read with Section 34 of Indian Penal Code. That the learned Magistrate passed an order for investigation Under Section 156(3) of the Code of Criminal Procedure. That the police lodged an FIR for the aforesaid offences. That the Accused thereafter approached the High Court to quash the FIR by way of a Petition Under Section 482 of Code of Criminal Procedure.
3.1. It appears that, by the time, the matter was taken up for final hearing by the High Court, the Investigating Officer completed the investigation in the matter and having found the prima facie case against the Accused, submitted the Final Report Under Section 173 of the Code of Criminal Procedure concluding that the Accused had colluded and committed offences, as alleged, Under Sections........